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STATE v. YARITZ

No. A10-14.

791 N.W.2d 138 (2010)

STATE of Minnesota, Respondent, v. Harold David YARITZ, Appellant.

Court of Appeals of Minnesota.

November 30, 2010.

Attorney(s) appearing for the Case

Lori A. Swanson , Attorney General, St. Paul, MN; and Susan Gaertner , Ramsey County Attorney, Thomas R. Ragatz , Assistant County Attorney, Afsheen D. Foroozan (certified student attorney), St. Paul, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Sean Michael McGuire , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by WRIGHT, Presiding Judge; LARKIN, Judge; and STAUBER, Judge.

OPINION

LARKIN, Judge.

Appellant challenges his sentence of 288 months for one count of first-degree criminal sexual conduct, claiming that the district court abused its discretion by imposing an upward durational departure from the presumptive sentence of 144 to 173 months. Appellant argues that the district court relied on aggravating factors that were either not legally appropriate or not proved. Because the district court relied on legally permissible...

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